Legal_Brief-_Korematsu

Legal Brief- Korematsu 1. Korematsu v. United States, (1944); pg. 638, briefed 1/23/96 2. Facts: Shortly after the bombing of Pearl Harbor, the president issued an order allowing the military commanders to exclude persons of Japanese ancestry from areas identified as military areas. 3. Procedural Posture: Korematsu was convicted of violating the exclusionary laws. 4. Issue: Whether classification and exclusion based on Japanese ancestry during the WWII was a violation of equal protection. 5. Holding: No. 6. Majority Reasoning: All legal restrictions that curtail the civil rights of a single racial group are immediately suspect, triggering the “most rigid scrutiny.” There must be a “pressing public necessity” for the classification. Here, it was impossible to segregate out the loyal from the disloyal persons, so exclusion of the whole class was justified due to the public dangers involved. The Congress has given the military, persons, japanese, classification, based, ancestry, reasoning, racism, racial, public, make, exclusion, even, due, areas, wwii, whole, whether, violation, violating, unreasonable, triggering, temporarily, suspect, supreme, states, single, show, shortly, segregate, risk, rigid, rights, restrictions, related